hindmarsh shire council ncil meeting minutes ......04/08/2019 hpv expo dimboola 05/08/2019 library...

HINDMARSH SHIRE COUNCIL COUNCIL MEETING MINUTES 18 SEPTEMBER 2019

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MINUTES OF THE COUNCIL MEETING OF THE HINDMARSH SHIRE COUNCIL HELD

18 SEPTEMBER 2019 AT THE COUNCIL CHAMBERS, 92 NELSON STREET NHILL

COMMENCING AT 3:00PM.

AGENDA

1. Acknowledgement of the Indigenous Community and Opening Prayer

2. Apologies

3. Confirmation of Minutes

4. Declaration of Interests

5. Public Question Time

6. Deputations

7. Activity Reports

8. Correspondence

9. Assembly of Councillors

9.1 Record of Assembly

10. Planning Permit Reports

10.1 Application for Planning Permit PA1634-2019 – Liquor License – Lot 1 LP39364, Lot

3 LP14754, And Lot 4 LP14754, 80-86 Lloyd Street, Dimboola – ‘Dimboola Store’


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Cafe

11. Reports Requiring a Decision

11.1 Financial Statements and Performance Statement for the Year Ending 30 June 2019

11.2 Rainbow Desert Enduro

12. Special Committees

12.1 Rainbow Town Committee

12.2 Dimboola Town Committee

13. Late Reports

13.1 Late Report - Procurement Australia - 0638/2206 Retail Electricity, Natural Gas and

Associated Services Contract

14. Other Business

15. Confidential Matters

15.1 Request for Quote - Award for Purchase of One (1) Articulated Motor Grader

15.2 Request for Quote - Award for Purchase of One (1) Crane Truck with Tipping Body

15.3 Request for Quote - Award for Purchase of One (1) 3-Axle Truck with Tipping Body

16. Meeting Close


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Present:

Crs R Ismay (Mayor), R Lowe (Deputy Mayor), D Nelson, D Colbert, R Gersch,

T Schneider

Apologies:

In Attendance:

Mr Greg Wood (Chief Executive Officer), Ms Monica Revell (Director Corporate and

Community Services), Ms Angela Hoy (Director Infrastructure Services), Ms Sarah

Dickinson (Executive Assistant), Ms Janelle Reichelt (Manager Finance and Customer

Services) (Items 10.1 to 11.1), Ms Laura Sonnberger (Design and Project Engineer) (Items

14 to 16)

1. ACKNOWLEDGEMENT OF THE INDIGENOUS COMMUNITY AND OPENING

PRAYER

Cr R Ismay opened the meeting at 3:00pm by acknowledging the Indigenous Community

and offering the opening prayer.

2. APOLOGIES

3. CONFIRMATION OF MINUTES

RECOMMENDATION:

That the Minutes of the Ordinary Council Meeting held on Wednesday 4 September

2019 at the Council Chambers, 92 Nelson Street Nhill as circulated to Councillors be

taken as read and confirmed.

MOVED: Crs R Lowe/T Schneider

That the Minutes of the Ordinary Council Meeting held on Wednesday 4 September

2019 at the Council Chambers, 92 Nelson Street Nhill as circulated to Councillors be

taken as read and confirmed.

CARRIED

Attachment: 1

4. DECLARATION BY COUNCILLORS OR OFFICERS OF ANY DIRECT OR

INDIRECT INTEREST IN ANY ITEM ON THE AGENDA.


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Direct; or

Indirect interest

a ) by close association;

b ) that is an indirect financial interest;

c ) because of conflicting duties;

d ) because of receipt of an applicable gift;

e ) as a consequence of becoming an interested party; or

f ) because of an impact on residential amenity.

Declaration of direct or indirect interest must also be advised by Councillors at the

commencement of discussion of the specific item.

None declared.

5. PUBLIC QUESTION TIME

No public in attendance.

6. DEPUTATIONS

No deputations.


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7. ACTIVITY REPORTS

COUNCILLOR ACTIVITIES: AUGUST 2019

Cr ISMAY, MAYOR

Attended:

03/08/2019 Working bee Off road race

04/08/2019 HPV expo Dimboola

05/08/2019 Off Road Meeting Rainbow


07/08/2019 Briefing Meeting Nhill

07/08/2019 Council Meeting Nhill


09/08/2019 Race Scrutineering Rainbow

10/08/2019 Race day Prologue (Washout!)

11/08/2019 Rainbow Desert Enduro

13/08/2019 Urban enterprise Workshop

20/08/2019 WMT meeting Donald

23/08/2019 Mayoral Gathering / tour Rainbow

26/08/2019 Rainbow town committee

30/08/2019 VR App Launch Sea lake

Cr LOWE, DEPUTY MAYOR

Attended:

07/08/2019 Council Briefing, Meeting, Nhill

13/08/2019 Dimboola Golf Tournament Presentation, Dimboola

14/08/2019 Yanac Hall AGM, Yanac

Cr GERSCH

Attended:

04/08/2019 Pedal power Dimboola (HPV Event)

07/08/2019 Council meeting

09/08/2019 Rural Councils Victoria board meeting

11/08/2019 Rainbow Enduro

13/08/2019 WDA board meeting

16/08/2019 Library meeting

23/08/2019 St Kilda film festival

Cr COLBERT

Attended:

07/08/2019 Briefing Meeting Nhill

07/08/2019 Council Meeting Nhill

Cr NELSON

Attended:


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07/08/2019 Briefing Meeting, Nhill

07/08/2019 Council Meeting, Nhill

13/08/2019 Veteran Golf Competition, Dimboola

13/08/2019 Wimmera Development Association meeting, Horsham

14/08/2019 Dimboola Tour with A. Hoy & Cr Schneider

Cr SCHNEIDER

Attended:

04/08/2019 HPV Event, Dimboola

05/08/2019 Dimboola Town Committee

07/08/2019 Briefing and Council meeting, Nhill

14/08/2019 Dimboola town tour with Cr Nelson and Director Infrastructure


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SENIOR MANAGEMENT ACTIVITIES: AUGUST 2019

GREG WOOD, Chief Executive Officer:

Attended:

01/08/2019 Library Trip with Living Libraries representatives

02/08/2019 Volunteered at Cinema, Nhill

04/08/2019 HPV expo Dimboola

05/08/2019 Library Meeting with Buloke, Donald

06/08/2019 Meeting with WRLC CEO, Nhill

07/08/2019 Mayor/CEO Meeting, Nhill

07/08/2019 Council Briefing Meeting, Nhill


08/08/2019 LG Pro Forum, Melbourne

13/08/2019 Vision Super grow your super meeting

13/08/2019 WDA Meeting, Horsham

14/08/2019 Community Care Staff Farewell Dinner, Dimboola

16/08/2019 RDV Local Government Planning Project, Horsham

22/08/2019 Wimmera Regional CEO Meeting, Horsham

28/08/2019 Safety and Efficiency Meeting, Nhill Depot

30/08/2019 Leave

ANGELA HOY, Director Infrastructure Services:

Attended:

01/08/2019 CN10023 Site Meeting for VicRoads Maintenance Contract, Hindmarsh

Shire Council Chambers

09/08/2019 Western Highway Action Committee Meeting, Ballarat Town Hall

19/08/2019 WEMRSP Steering Committee Meeting, Horsham Rural City Council

Chambers

22/08/2019 Unshakeable Leaders Training, Hindmarsh Shire Council Chambers

28/08/2019 Safety and Efficiency Meeting, Nhill Depot

29/08/2019 Wimmera Regional Catchment Strategy: Review and Renewal meeting,

Hindmarsh Shire Council Office

30/08/2019 GCW LG Forum Meeting, Doug Lindsay Recreation Reserve Creswick

MONICA REVELL, Director Corporate and Community Services:

Attended:

01/08/2019 Library tour regarding living library grant

05/08/2019 Meeting with Buloke Shire regarding Libraries

06/08/2019 Webinar on Hoarding hosted by LGPro

07/08/2019 Council Briefing, Nhill


08/08/2019 Hindmarsh Emergency Management Team Meeting

09/08/2019 Rainbow Desert Enduro


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12/08/2019 Macquarie Lawyers General Enforcement & Investigations workshop

13/08/2019 Vision Super grow your super meeting

14/08/2019 Farewell Dinner Retiring Community Care Workers

15/08/2019 Meeting with NBN Co

16/08/2019 Wimmera Regional Library Corporation Board Meeting

19/08/2019 Wimmera Emergency Management Resource Project Steering Group

Meeting

22/08/2019 Unshakeable Leaders Training

22/08/2019 Wimmera Region CEO Meeting

23/08/2019 St Kilda Film Festival Screening

28/08/2019 Safety & Efficiency Meeting

30/08/2019 Site Meeting Jeparit Depot with ATI Australia


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8. CORRESPONDENCE

8.1 GENERAL CORRESPONDENCE

Responsible Officer: Chief Executive Officer

Attachment: 2

Introduction:

The following correspondence is tabled for noting by Council,

Inwards:

Nil

Outwards:

Letter to Dimboola Golf Club for the successful Golf Tournament last month

Letter to Nhill Fire Brigade new captain and thanks to the team

RECOMMENDATION:

That Council notes the attached correspondence.

MOVED: Crs R Gersch/D Colbert

That Council notes the attached correspondence.

CARRIED

Attachment: 2

Business Arising:

MOVED: Crs T Schneider/R Gersch

That Council write to Des and Robyn Lardner thanking them for their contribution to

Dimboola over the years.

CARRIED

9. ASSEMBLY OF COUNCILLORS

Responsible Officer: Chief Executive Officer

Attachment: 3

Introduction:


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The attached Assembly of Councillors Records are presented as an attachment to the Council

agenda for the information of Councillors and recorded at the Council meeting as required

under s80A Local Government Act 1989.

Options:

1. That Council accepts the Assembly of Councillors Records as presented.

RECOMMENDATION:

That Council accepts the Assembly of Councillors Records as presented.

MOVED: Crs R Lowe/D Colbert

That Council accepts the Assembly of Councillors Records as presented.

CARRIED

Attachment: 3


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10. PLANNING PERMITS

10.1 APPLICATION FOR PLANNING PERMIT PA1634-2019 – LIQUOR LICENSE – Lot

1 LP39364, Lot 3 LP14754, and Lot 4 LP14754, 80-86 LLOYD STREET,

DIMBOOLA – ‘DIMBOOLA STORE’ CAFE

Responsible Officer: Director Infrastructure Services

File: Planning – Applications

Assessment: 25520, 25480, 25500

Applicant: Mrs Alexandra O’Halloran

Owner: John & Alexandra O’Halloran

Subject Land: 80-86 Lloyd St Dimboola (Lot 1 LP39364, Lot 3 LP14754, and

Lot 4 LP14754

Proposal: Liquor License

Zoning & Overlays: Commercial 1 Zone (C1Z);

Environmental Significance Overlay Schedule 6 (ESO6) –

Catchments of Wetlands of Conservation Value;

Heritage Overlay Schedule 34 (HO34) – Dimboola Town

Centre Heritage Precinct

Attachment: 4

Summary:

This report recommends that Council approve an application for a liquor license at the

‘Dimboola Store’ café and adjoining courtyard located at 80-86 Lloyd Street Dimboola.

Background:

On the 16 July 2019, an application for a planning permit for a liquor license at the Dimboola

Café was lodged for assessment. The area proposed for liquor consumption, known as the

‘red line area’, encompasses the food consumption area inside the café, as well as the

outdoor courtyard area.

Proposal Details:

The proposed liquor license to the café and adjoining courtyard is proposed to operate during

the following times:

Monday – Saturday: 9am to 11pm;

Sunday – 10am to 11pm;

Good Friday / Anzac Day: 12pm (noon) to 11pm.

It is important to note that the applicant will need to have these hours approved by the

Victorian Commission for Gambling and Liquor Regulation, should Council approve the

above opening hours, and liquor license.

The premises at 80-86 Lloyd Street currently operates as a restaurant/café, consisting of 2

adjoining shops at 84-86 Lloyd Street Dimboola and an adjoining vacant lot at 80-82 Lloyd


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Street Dimboola. Access to the vacant lot is gained by exiting double French doors on the

southern side boundary of 84 Lloyd Street Dimboola. The vacant lot at 80-82 Lloyd Street

Dimboola is utilised as an outdoor dining courtyard. The applicant proposes to erect a slatted

fence along the front boundary of 80-82 Lloyd Street Dimboola to demarcate the boundary of

the proposed licensed area on the vacant lot.

The restaurant/cafe which previously operated solely from 84-86 Lloyd Street Dimboola held

a BYO liquor licence which was granted by the Victorian Commission for Gambling and Liquor

Regulation on the 3rd December 2015. This BYO permit has subsequently lapsed.

A planning permit is sought to allow the service of alcohol in conjunction with the service of

meals, and on the basis that there is seating for 75% of the permitted licensed number of

patrons.

The internal proposed licensed area is approximately 110 square metres and the proposed

outside courtyard licensed area is approximately 150 square metres. The outside courtyard

area has existing trees and the foliage canopy provides adequate shade to outside dining

patrons. It is proposed to seat approximately 55 patrons in the internal proposed licensed

area, and approximately 20 patrons in the outside courtyard area by staging staggered tables.

A unisex toilet is available for usage by patrons by exiting the rear of No. 84 Lloyd St as set

out on the attached Plan. There are also existing public amenities within 50 metres of the

proposed licensed premises at the rear of the existing Dimboola Library/ Council offices.

Refer to Attachment 1.

Requirement for Permit:

A planning permit is required for a liquor license under Clause 52.27 – Licensed Premises of

the Hindmarsh Planning Scheme.

Definitions:

Not Applicable.

Restrictive Covenant or Section 173 Agreement:

The subject site is not burdened by a Restrictive Covenant or Section 173 Agreement.

Cultural Heritage Management Plan (CHMP):

The proposal is exempt from requiring a CHMP pursuant to the Aboriginal Heritage

Regulations 2007, as the use is excluded from these provisions, and the proposal is not within

land affected by the Aboriginal Cultural Heritage Overlay.

Subject site & locality:

The subject site is on 80-86 Lloyd Street Dimboola, over 3 x titles, within the CBD of

Dimboola. Surrounding land is currently used for shops and offices, with Dimboola Mensland

to the immediate north, and the Wimmera Bakery adjoining to the immediate south.


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The closest dwelling (and residentially zoned land) to the subject site is approximately 95

metres to the north east.

Notification:

s52 Notice of application

(1) Unless the Responsible Authority requires the applicant to give notice, the

Responsible Authority must give notice of an application in a prescribed form—

(a) to the owners (except persons entitled to be registered under the Transfer of Land

Act 1958 as proprietor of an estate in fee simple) and occupiers of allotments or

lots adjoining the land to which the application applies unless the Responsible

Authority is satisfied that the grant of the permit would not cause material detriment

to any person.

Notice was given under Section 52 of the Act to adjoining landowners, as it was considered

that material detriment could be caused. One objection was received regarding the location

of the proposed toilet block over the rear access laneway, however, the objector has been

informed that no buildings and works are proposed as a part of this application, and that the

toilet block mentioned in this application exists as a part of the overall building footprint on

the land. Subsequently, the objection was withdrawn. A copy of the application was forwarded

to the Dimboola Police, who did not comment.

Referrals:

External Referrals/Notices Required by the Planning Scheme:

Section 52 Notices: To adjoining landowners only.

Section 55 Referrals: None.

Internal Referrals:

Engineering: No issues.

Environmental Health: No requirements or further comment.

Building: Not required

Economic Development and Tourism: Supportive of proposal – “a welcome business

development for Dimboola”.

Planning Assessment:

Planning Scheme Requirements:

Planning Policy Framework:

Clause 17.01-1S - Diversified economy

Clause 17.01-1R - Diversified economy - Wimmera Southern Mallee

Local Planning Policy Framework:

Clause 21 - Municipal Strategic Statement

Zoning Provisions:


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Clause 34.01 – Commercial 1 Zone (C1Z)

Planning Scheme Overlay Provisions:

Clause 42.01 – Environmental Significance Overlay Schedule 6 (ESO6) – Catchments of

Wetlands of Conservation Value;

Clause 43.01 – Heritage Overlay Schedule 34 (HO34) – Dimboola Town Centre Heritage

Precinct

Particular Provisions:

Clause 52.27 – Licensed Premises

General Provisions:

Clause 65 - Decision Guidelines, states that:

“Because a permit can be granted does not imply that a permit should or will be granted. The

Responsible Authority must decide whether the proposal will produce acceptable outcomes

in terms of the decision guidelines of this clause”.

The decision guidelines relevant to this application are stated within Clause 65.01 of the

Hindmarsh Planning Scheme – Approval of an application or plan.

It is considered that the application complies with the relevant decision guidelines as outlined.

The proposal is supportive of, and complies with the Planning Policy Framework, having

regard to the benefit the proposal will cause regarding the continued economic development

of the Dimboola CBD.

The only applicable decision guidelines to this application are within Clause 52.27 – Licensed

Premises. An assessment of this application against the relevant decision guidelines has

determined that:

1. The impact of the sale or consumption of liquor permitted by the liquor licence on the

amenity of the surrounding area will be minimal;

2. The impact of the hours of operation on the amenity of the surrounding area will be

minimal;

3. The impact of the number of patrons on the amenity of the surrounding area will be

minimal;

4. The cumulative impact of any existing licensed premises and the proposed licensed

premises on the amenity of the surrounding area will not be detrimental to the locality

in general.

It is considered that approval of this application will create further entertainment options within

the Dimboola CBD, and benefit the economy of the area in general.

Strategic, Statutory and Procedural Requirements:


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The proposal is consistent with the Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies.

Report to Council:

The Coordinator Planning and Development advises that all obligations of Council (strategic,

statutory and procedural) have been addressed and discharged in this planning application.

Processing Times:

16/07/2019 – Application received

08/08/2019 – Notice requirement made to applicant

14/08/2019 – Last notice given

30/08/2019 – Statutory Declaration received

18/09/2019 – Presented to Council

Total: 59 Statutory Days

This report is being presented to Council at its meeting on the 18 September 2019. The

statutory processing time requirements of the Planning and Environment Act 1987 have been

satisfied in this instance.

Conflict of Interest:

Under section 80C of the Local Government Act 1989 officers providing advice to Council

must disclose any interests, including the type of interest.

Officer Responsible: Angela Hoy, Director Infrastructure Services

In providing this advice as the Officer Responsible, I have no interests to disclose.

Author: Andre Dalton, Coordinator Planning and Development

In providing this advice as the Author, I have no interests to disclose.

RECOMMENDATION:

That Council approves planning application PA1634-2019 for a liquor license at Lot 1

LP39364, Lot 3 LP14754, and Lot 4 LP14754, 80-86 Lloyd Street Dimboola, subject to

the following conditions:

Endorsed Plans

(1) The licensed area (also known as the “Red Line Area”) as shown on the endorsed

plans must not be altered without the written consent of the Responsible

Authority.

Licensed Premises


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(2) The sale of liquor must only occur within the “Red Line Area” as shown on the

endorsed plans.

(3) The liquor may only be sold from the premises between the following hours:




(4) At all times during the operation of the use of the land for the sale of packaged

liquor, there must be present on the premises a person over the age of 18 years

who is responsible for ensuring that the activities on the premises and the

conduct of persons attending the premises do not have a detrimental impact on

the amenity of the locality to the satisfaction of the Responsible Authority

(referred to in this permit as ‘the Manager’).

The Manager must be authorised by the operator under this permit to make

statements at any time on his/her behalf to any officer of the Responsible

o Authority and of the Victoria Police and/or of the Victorian Commission for

Gambling and Liquor Regulation authorised under section 129 of the Liquor

Control Reform Act 1998; and/or to take action on his/her behalf in accordance

with a direction by such an officer.

(5) The sale of liquor must be managed so that the amenity of the area is not

detrimentally affected through the:

a) Transport of materials, goods or commodities to or from the land

b) Appearance of any building, works or materials;

c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil; and

d) Presence of vermin.

Time Limit

(6) This permit will expire if the use is not started within two years of the date of this

permit.

The Responsible Authority may extend the periods referred to if a request is made in

writing before the permit expires, or:

a) within six months of the expiry date, where the use allowed by the permit has

not yet started; and

b) within 12 months of the permit expiry date, where the use has lawfully started

before the permit expires.


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~END OF CONDITIONS~

MOVED: Crs D Nelson/T Schneider

That Council approves planning application PA1634-2019 for a liquor license at Lot 1

LP39364, Lot 3 LP14754, and Lot 4 LP14754, 80-86 Lloyd Street Dimboola, subject to

the following conditions:

Endorsed Plans

(3) The licensed area (also known as the “Red Line Area”) as shown on the endorsed

plans must not be altered without the written consent of the Responsible

Authority.

Licensed Premises

(4) The sale of liquor must only occur within the “Red Line Area” as shown on the

endorsed plans.

(3) The liquor may only be sold from the premises between the following hours:




(5) At all times during the operation of the use of the land for the sale of packaged

liquor, there must be present on the premises a person over the age of 18 years

who is responsible for ensuring that the activities on the premises and the

conduct of persons attending the premises do not have a detrimental impact on

the amenity of the locality to the satisfaction of the Responsible Authority

(referred to in this permit as ‘the Manager’).

The Manager must be authorised by the operator under this permit to make

statements at any time on his/her behalf to any officer of the Responsible

o Authority and of the Victoria Police and/or of the Victorian Commission for

Gambling and Liquor Regulation authorised under section 129 of the Liquor

Control Reform Act 1998; and/or to take action on his/her behalf in accordance

with a direction by such an officer.

(5) The sale of liquor must be managed so that the amenity of the area is not

detrimentally affected through the:

a) Transport of materials, goods or commodities to or from the land

b) Appearance of any building, works or materials;


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c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil; and

d) Presence of vermin.

Time Limit

(6) This permit will expire if the use is not started within two years of the date of this

permit.

The Responsible Authority may extend the periods referred to if a request is made in

writing before the permit expires, or:

c) within six months of the expiry date, where the use allowed by the permit has

not yet started; and

d) within 12 months of the permit expiry date, where the use has lawfully started

before the permit expires.

~END OF CONDITIONS~

CARRIED

Attachment: 4


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11. REPORTS REQUIRING A DECISION

11.1 FINANCIAL STATEMENTS AND PERFORMANCE STATEMENT FOR THE YEAR

ENDING 30 JUNE 2019

Responsible Officer: Director Corporate and Community Services

Attachments: 5 & 6

Introduction:

The purpose of this report is to provide Council with the audited Financial Statements and

Performance Statement for the year ended 30 June 2019 and for Council to adopt the

statements pending no material change to the reports presented.

Discussion:

The Local Government Act 1989 (LGA) requires a resolution of Council to adopt the In-

Principle Financial Statements and the In-Principle Performance Statement. The Act also

requires a resolution of Council to appoint two Councillors to sign these documents in their

final form on behalf of Council, Section 131 (4) and (5) and 132 (2) and (5) of the Act.

The Financial and Performance Statements are prepared in accordance with the

requirements of the LGA and the applicable accounting standards. Copies of the Statements

were provided to Crowe Horwath (external auditor acting for the Victorian Auditor-General’s

Office). The audit of the Statements has now been completed and a few adjustments were

made at the request of Council’s auditors.

The draft reports will be presented to Council’s Audit Committee meeting on Thursday

12 September 2019 with the recommendation being, pending no material change to the

Statements, that Council:

1. Adopts the In-Principle Financial Statements for the year ended 30 June 2019.

2. Adopts the In-Principle Performance Statement for the year ended 30 June 2019;

3. Authorises any two Councillors to sign the Financial Statements and Performance

Statement in their final form.

At the time of preparing this report, the audit committee meeting had not been held and the

closing letter from the Victorian Auditor-General’s Office (VAGO) had not yet been

received. Any VAGO correspondence received will be provided as a late addition to this

report.

Once finalised and certified by Council, the Auditor General will prepare the formal report on

the Financial and Performance Statements.

The 2018/19 Financial Statements show a comprehensive surplus for the year of

$1,193,274.

Total revenue for the financial year was $25.01 million, an increase of $6.82 million from the


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previous financial year. The increase is largely due to additional grants being received during

the financial year.

Total expenditure for the financial year was $23.82 million an increase of $6.51 million from

the previous financial year.

During the financial year Council spent $6.16 million on capital works, including $3.18 million

on renewal projects, $1.81 million on new assets and $1.17 million on upgrade projects.

At 30 June 2019 Council held $11.87 million cash at bank. This is due largely to receiving

early payment of half of our 2019/20 allocation from the Victorian Grants Commission. There

were also a number of large projects not being completed during the 2018/19 financial year,

including the Albacutya Bridge, Dimboola Library incorporating the civic hub, and a number

of items of plant ordered not arriving by 30 June 2019.

Options:

Council must comply with its obligations under the Local Government Act 1989 by passing

the resolutions required by S131 and S132. Council has the option of nominating which

Councillors certify the Financial Statements and the Performance Statements or appoint all

Councillors to certify with any two Councillors to sign. Once all certifications are received the

Annual Report must be forwarded to the Minister by 30 September 2019.

Link to Council Plan:

Strategic Objective 4.6: An organisation that takes its risk management responsibilities

seriously and embeds a culture of risk management throughout the organisation

Financial Implications:

There are no financial implications in this process. The statements outline financial

performance for the previous year but costs for their production are part of normal operating

expenditure.

Risk Management Implications:

Management of risks will minimise Council’s exposure to adverse financial impacts,

improve effectiveness and generate efficiencies.

Communications Strategy:

Following signing of the final form of the Statements, the Statements will be included in

Council’s Annual Report for 2018/19 as well as being available on Council’s website.

RECOMMENDATION:

That, pending no material changes to the Statements, Council:

1. Approves in principle the Financial Statements and Performance Statement for

the year ended 30 June 2019; and

2. Authorises any two Councillors to sign the Financial Statements and


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Performance Statement in their final form after any changes recommended or

agreed to by the Auditor General of Victoria have been made.

MOVED: Crs R Gersch/D Colbert

That, pending no material changes to the Statements, Council:

1. Approves in principle the Financial Statements and Performance Statement for

the year ended 30 June 2019; and

2. Authorises any two Councillors to sign the Financial Statements and

Performance Statement in their final form after any changes recommended or

agreed to by the Auditor General of Victoria have been made.

CARRIED

Attachments: 5 & 6

11.2 RAINBOW DESERT ENDURO


Introduction:

This report is intended to provide Council with a summary of the third edition of the Rainbow

Desert Enduro, once again the final round of the BF Goodrich CAMS Australian Off Road

Championship.

Discussion:

The Event

The Rainbow Desert Enduro was held over the weekend of 9 to 11 August 2019 which for

the third year in a row provided a mix of weather conditions.

Hosting the final round of the BF Goodrich CAMS Australian Off Road Championship, the

Rainbow Desert Enduro attracted entries from all across Australia. Expectations for a great

weekend were high, with entries at record levels with 55 car crews all set to take on the

challenge that this event presents each year. Headlining entries were 9 times Australian

Champions father / son combination Shannon and Ian Rentsch and another father / son

combo Mark and Matthew Burrows, all in Pro Buggies. Also in attendance was ever popular

winner of the inaugural Rainbow Desert Enduro Greg Gartner, always a factor in his Extreme

2WD Ford Trophy Truck.

Unfortunately the weather again presented as a major factor with rain earlier in race week

followed by heavy rain during the Friday afternoon and evening event in Federal St Rainbow.

The competitor entry confirmation, race vehicle scrutineering and competitor meet and greet

provided race fans with the opportunity to take a close look at the race machines up close,

though the regular downpours dampened spirits somewhat.


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Despite the rain organisers, competitors and race fans were all hopeful that clear skies would

prevail on Saturday and that the rain received would not impact the racing action too much.

Unfortunately this proved to be overly optimistic, with race officials advising competitors at

the Drivers Briefing that Saturday’s Prologue (qualifying) event and Section 1 of the race were

cancelled. Officials also suggested that the event would be shortened to a single day event

on the Sunday, with competitors seeded for starting positions as a result of the cancellation

of qualifying. As more adverse weather was expected throughout the Saturday afternoon and

evening, officials advised that a decision on whether the event would run would be made on

Sunday morning.

Although the cancellation was a disappointment for all involved, it led to one of the highlights

of the weekend. With no action at the track organisers suggested that competitors return to

the Recreation Reserve where the Pavilion would be open for people to relax and socialise

(and watch the weather). The local clubs catering the Enduro also relocated themselves to

the Reserve providing a wide range of food and refreshments for competitors and race fans

who found themselves with some unexpected free time.

Although more rain fell on Saturday afternoon / evening race officials confirmed on Sunday

morning that the race would proceed. Several competitors chose to sit out the event,

concerned that the conditions were still too treacherous to race.

Those that chose to race set off on what turned out to be a reasonable day for racing.

Although bitterly cold there was minimal rain and after the first lap the track conditions

improved. There were some particularly difficult sections of track with competitors needing to

endure deep mud and water crossings. With most cars being open bodied this resulted in

both driver and co-driver being soaked in mud from head to toe for the duration of the event!

After 5 laps Greg Gartner was classified first – thankful to complete the race after a high

speed spin on Kruger Road. With his main competitor for the title Shannon Rentsch choosing

not to compete, a third place finish for Mark Burrows was enough to secure the 2019

championship, his eighth Australian title.

For all of the remaining competitors just finishing was like winning. Tired, muddy and

extremely cold, they were all looking forward to a hot shower before the presentations were

held that evening at the Rainbow Recreation Reserve Community Pavilion.

Areas of concern

The weather. For the third year in a row the Enduro was severely impacted by what appears

to be an emerging trend of a consistently wet August. Concerns about track conditions saw

the first day of the event cancelled due to accessibility in certain areas should an emergency

response be required. The final day of running was also almost cancelled with event

organisers and race officials concerned that conditions were still too difficult for competitors

and volunteer recovery and medical crews. Thankfully the event did run and conditions

improved in many areas as the cars cut through the slippery mud surface on top to find better

traction on dryer ground below. In the closing laps the vehicles were throwing up dust!


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To combat the difficult conditions that present in August each year, event organisers are now

working with the Confederation of Australian Motor Sports (CAMS) to secure a date in early

September 2020. It is hoped that a later (Spring) date will provide better conditions in which

to stage a race – for both competitors and spectators.

Community Benefit

Small country towns don’t often have the opportunity to welcome large numbers of visitors to

their ‘home’ for the weekend, particularly when that small town is around an hour from any

major highway.

Various local community and sporting groups provided catering for the event across Friday

night, Saturday and Sunday, all raising significant funds for their organisations. The Rainbow

Recreation Reserve raised several thousand dollars providing camping sites at the reserve

and meals at the Community Pavilion on the Saturday and Sunday night.

Community Contribution

It is impossible to capture the exact number of volunteer hours and in-kind support that goes

in to ensuring the Rainbow Desert Enduro is a successful event for both competitors and race

fans each year. Support comes from across the community with the local population helping

out when and where they can.

Local support via event meetings, working bees, providing tractors and operators, graders,

trucks and trailers, generators, lighting towers, electrical installations and maintenance,

marquees, fuel and food make the Rainbow Desert Enduro possible.

This year, in addition to the hundreds of volunteer hours and free use of plant and equipment

provided by hardworking locals, private funds were raised to resheet the area of the

GrainCorp site utilised for the competitor vehicle pit area.

Whilst Council’s contribution to the Rainbow Desert Enduro is significant, it is pleasing to see

that the local community are making an even larger commitment to the success of this event.

Economic Benefit

Local businesses again enjoyed substantial economic benefits as a result of the Australian

Off Road Championship visiting Rainbow. Competitors and their support crews, event

officials and spectators were accommodated across the Shire, ensuring Jeparit, Dimboola

and Nhill also benefited from the event.

Feedback from business owners in Rainbow suggested that more was spent this year than

during each of the first two events.

Planning for 2020

Meetings have already been held and plans are underway for further improvements to the

event for 2020. The general feeling amongst organisers and volunteers is that a new Spring

date is essential in order for the event to secure its future on the Australian Off Road Racing


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Calendar. Hopefully this will be confirmed shortly, with the calendar likely to be announced

within the next month or so.


Strategic Objective 3.1 A strong rural economy and thriving towns

Strategic Objective 3.2 A thriving tourism industry


Council contributed $10,000 in the 2019/2020 budget towards the running of this event.


Appropriate Risk Assessments were prepared in accordance with Councils procedures and

policies prior to the event.


Under section 80c of the Local Government Act 1989 officers providing advice to Council


Officer Responsible – Monica Revell, Director Corporate & Community Services

In providing this advice as the Officer Responsible, I have no disclosable interests in this

report.

Author – Simon Landrigan, Community Development Coordinator

In providing this advice as the author, I have no disclosable interests in this report.


NA

RECOMMENDATION:

That Council notes the Rainbow Desert Enduro 2019 report and writes to the

organising committee congratulating them on a successful event.

MOVED: Crs R Lowe/D Colbert

That Council notes the Rainbow Desert Enduro 2019 report and writes to the

organising committee congratulating them on a successful event.

CARRIED

12. SPECIAL COMMITTEES

12.1 RAINBOW TOWN COMMITTEE


Page 25 of 29


Attachment: 7

Introduction:

The Rainbow Town Committee held its meeting on 26 August 2019. The purpose of this

report is to note the minutes from the meeting. A copy of the minutes is included as an

attachment for the information of Council.

RECOMMENDATION:

That Council notes the minutes of the Rainbow Town Committee meeting held on 26

August 2019.

MOVED: Crs R Lowe/R Gersch

That Council notes the minutes of the Rainbow Town Committee meeting held on 26

August 2019.

CARRIED

Attachment: 7

Business Arising:

MOVED: R Lowe/R Gersch

That Council approve Rainbow Town Committee expenditure of $2,077.50 (GST

inclusive) payable to the Victorian Off Road Racing Association (VORRA) for 50%

contribution of gate takings from the 2019 Rainbow Desert Enduro.

CARRIED

12.2 DIMBOOLA TOWN COMMITTEE


Attachment: 8

Introduction:

The Dimboola Town Committee held its meeting on 2 September 2019. The purpose of this

report is to note the minutes from the meeting. A copy of the minutes is included as an

attachment for the information of Council.

RECOMMENDATION:

That Council notes the minutes of the Dimboola Town Committee meeting held on 2


Page 26 of 29

September 2019.

MOVED: Crs T Schneider/D Nelson

That Council notes the minutes of the Dimboola Town Committee meeting held on 2

September 2019.

CARRIED

Attachment: 8

13. LATE REPORTS

13.1. LATE REPORT - PROCUREMENT AUSTRALIA - 0638/2206 RETAIL

ELECTRICITY, NATURAL GAS AND ASSOCIATED SERVICES CONTRACT

Responsible Officer: Director Infrastructure Services

Introduction:

This report seeks Council approval to grant delegated authority to the Chief Executive Officer

to participate in the Procurement Australia tendering process and to enter into a contract/s

with the recommended energy provider/s.

Discussion:

Procurement Australia facilitate public tender processes on behalf of private and public

sectors including local government, with an aim to achieve discounted goods and services

through aggregated contractual arrangements.

Currently the majority of our electricity supply is provided by Origin Energy through the

Procurement Australia contract, which expires on 30 June, 2020. Procurement Australia has

invited Council to participate in the new electricity contract. Procurement Australia (PA)

requires a letter of authorisation from Council, for it to:

Act as a tendering agent and invite tenders on Council’s behalf for electricity for large

and small sites, including solar feed in tariff requirements for a period of two years.

Obtain all required Site, Consumption and associated data (interval/meter data, retail

agreements) pertaining to Council’s current energy retailer(s) for tendering purposes

only.

Complete the evaluation of tenders in accordance with the criteria and weightings

and prepare an evaluation report for Council.

Award the tender on merit to a retailer or retailers within the defined tender

acceptance time period, consistent with how the energy sector works.

Instruct the successful retailer/s to issue energy supply agreements to Council for

execution.

Provide ongoing contract support during the contract duration.


Page 27 of 29

Council delegation of authority to Greg Wood, Chief Executive Officer is required to authorise

Procurement Australia to act of its behalf for the provision of electricity for large and small

sites, and solar feed in tariff requirements for the two-year period, commencing 1 July 2020.

Public Lighting and Natural Gas have been excluded from Council’s commitment to this

procurement process.

Options

1. Council can delegate authority to the Chief Executive Officer to enable participation

in the Procurement Australia tender process and subsequent contract agreement; or

2. Council can undertake an independent procurement process for the provision of

electricity.


Strategic Objective 2.4. A community living more sustainably.

Strategic Objective 4.1. Long-term financial sustainability.


During the 2018-2019 financial year, Council expended approximately $157,000 on electricity

supply, excluding public lighting.

It is envisaged that the ensuing Procurement Australia contract will deliver significant savings

in contrast to Council undertaking an independent tendering process. This view is formed

due to the committed volume provided by aggregated councils to the potential energy

retailer/s. It should be noted however that energy prices may increase beyond those currently

being paid by Council. It has not been identified what increases are likely to occur during the

contract period.


There is a risk that Council would attract higher energy costs should it not participate in the

Procurement Australia facilitated tender process. It should be noted that Procurement

Australia hold an Approved Ministerial Arrangement which provides exemption from Local

Government Act s186 requirements.


Under section 80c of the Local Government Act 1989 officers providing advice to Council


Officer Responsible – Angela Hoy –Director Infrastructure Services

In providing this advice as the Officer Responsible, I have no disclosable interests in this

report.

Author – Wayne Schulze – Manager-Operations

In providing this advice as the Author, I have no disclosable interests in this report.


Page 28 of 29


Procurement Australia will be responsible for the tender process. Once the successful

tender/s has been notified they will send an agreement for execution by the Chief Executive

Officer.

Next Steps:

The Chief Executive Officer enter into agreement with Procurement Australia to participate in

the 0638/2206 Retail electricity, Natural Gas and Associated Services tender process and

execute on Council’s behalf the ensuing contract agreement with the successful retailer/s.

RECOMMENDATION:

That Council:

1. Delegates authority to the Chief Executive Officer to enter into an agreement with

Procurement Australia for Contract No. 0638/2206 Retail electricity, Natural Gas

and Associated Services tender process; and

2. Delegates authority to the Chief Executive Officer to execute on Council’s behalf

the Procurement Australia ensuing contract agreement with the successful

retailer/s from the 0638/2206 Retail electricity, Natural gas and Associated

services.

MOVED: Crs T Schneider/D Nelson

That Council:

1. Delegates authority to the Chief Executive Officer to enter into an agreement with

Procurement Australia for Contract No. 0638/2206 Retail electricity, Natural Gas

and Associated Services tender process; and

2. Delegates authority to the Chief Executive Officer to execute on Council’s behalf

the Procurement Australia ensuing contract agreement with the successful

retailer/s from the 0638/2206 Retail electricity, Natural gas and Associated

services.

CARRIED

14. OTHER BUSINESS

15. CONFIDENTIAL REPORTS

In accordance with Section 89 (2) of the Local Government Act 1989, Council may close the

meeting to the public if items to be discussed are deemed confidential, that is, if the items to

be discussed relate to:


Page 29 of 29

a) Personnel matters;

b) The personal hardship of any resident or ratepayer;

c) Industrial matters;

d) Contractual matters;

e) Proposed developments;

f) Legal advice;

g) Matters affecting the security of Council property;

h) Any other matter which the Council or Special Committee considers would prejudice

the Council or any person;

i) a resolution to close the meeting to members of the public.

RECOMMENDATION:

That the meeting be closed in accordance with Section 89 of the Local Government

Act 1989, to consider:


15.2 Request for Quote - Award for Purchase of One (1) Crane Truck with Tipping

Body

15.3 Request for Quote - Award for Purchase of One (1) 3-Axle Truck with Tipping

Body

MOVED: Crs R Gersch/R Lowe

That the meeting be closed in accordance with Section 89 of the Local Government

Act 1989, to consider:


15.2 Request for Quote - Award for Purchase of One (1) Crane Truck with Tipping

Body

15.3 Request for Quote - Award for Purchase of One (1) 3-Axle Truck with Tipping

Body

CARRIED

Council moved into confidential session at 4:10pm.

Council resumed in open session at 4:27pm.

16. MEETING CLOSE

There being no further business Cr R Ismay declared the meeting closed at 4:27pm.

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